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Coco v. Ranalletta 305 A.D.2d 1082, 759 N.Y.S.2d 274 (N.Y.A.D. 4 Dept.,2003)

Case Conclusion Date: 05.02.2003

Practice Area: Land Use & Zoning

Outcome: Judgment for Defendant Bank of New York

Description: Defendant was not charged with constructive notice of plaintiff's previously recorded mortgage, which was incorrectly indexed as a result of the misspelling of the mortgagor's name on plaintiff's mortgage instrument, despite fact that county clerk's computerized index could have been searched phonetically to reveal plaintiff's mortgage despite the misspelling.

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